In re Luis A.

223 A.D.2d 505, 637 N.Y.S.2d 374, 1996 N.Y. App. Div. LEXIS 736

Opinion

Order of disposition, Family Court, Bronx County (Rita Bolstad, J.), entered November 9, 1994, which adjudicated respondent a juvenile delinquent and conditionally discharged him for 12 months, following a fact-finding determination that respondent committed an act, which, if committed by an adult, would constitute the crime of menacing in the second degree, unanimously affirmed, without costs.

Viewed in a light most favorable to the presentment agency, the evidence of respondent’s repeated acts of stalking, hitting, grabbing and threatening the complainant with physical harm could lead a rational person to infer that respondent intended to place complainant in reasonable fear of physical injury, and thereby was guilty of second degree menacing (Penal Law § 120.14 [2]; see, Matter of Moises O., 189 AD2d 687). That some of these acts occurred while respondent and the complainant were in a dating relationship does not require a finding to the contrary. There is nothing in the statute itself to indicate a legislative intent to immunize stalkers who target persons familiar to them. Concur—Rosenberger, J. P., Rubin, Kupferman, Nardelli and Tom, JJ.